UK: City of York Council has decided to take no action after discovering a Roomzzz aparthotel is 25 centimetres taller than its planning permission allows.
The council launched an investigation following claims by former councillor Johnny Hayes that the property in Terry Avenue was “much higher” than permitted.
An initial survey conducted on behalf of the authority concluded that the roof ridge was 70 centimetres higher than allowed, although the developer behind the scheme insisted it was in full compliance with all planning conditions and approved planning drawings. The authority then ordered further surveys following the removal of scaffolding before deciding what, if any, enforcement action should be taken.
Robert Harrison, principal development management officer, said he had now compared these heights against the approved plans. “In this case, I can confirm that the overall height of the building is approximately 0.25 metres taller than that approved. I consider that in comparison to the overall height of the building, the percentage of change is so modest so as to be not material. If the local planning authority were to pursue enforcement action against such a small change, my professional opinion is that it would fail if challenged. I consider that there is no enforceable breach of planning control and I have closed the enforcement investigation.”
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